|
Personal Injury Lawyer Robert (Tito) Meyer, Las Cruces New Mexico
|
|
|
|
|
|
|
|
This column covers what to do if your vehicle is damaged in an accident, and some other suggestions that did not make it into
that column.
If you would like a copy of the State Bar of New Mexico's pamphlet, "What To Do In Case Of An Accident", email
tito@zianet.com or write me (addresses at end of this column) or call 575-524-4540 in Las Cruces or 1-800-310?0555. The pamphlet is free, and there is absolutely no obligation. You might want to
put one in vehicle, to have it handy if you ever are in an accident.
Property Damage Claim
If your vehicle is damaged and no one in your vehicle is hurt, you may be able to handle
the property damage claim yourself. If your vehicle is damaged, and the accident is entirely the other driver's fault, he (through his insurer) is supposed to pay for your damages. (If it is only
partially his fault, he is liable for the percentage of your damages equal to his share of the fault that caused the accident. For example, if the accident was 50% his fault and 50% your fault, he
should pay 50% of your damages.) Hopefully, he has auto insurance, or it will probably be very tough for you to collect from him.
Whether or not the other driver has insurance and even if the
accident is all the other driver=s fault, you should report the accident to your auto insurer. Tell your insurer what happened and ask them to remind you of what coverages you have (and look at your
policy yourself, because some companies are not good about telling you information when it comes time to pay you money).
Your Insurance Policy
If you are like most people, your auto
insurance actually has a number of separate insurance coverages that may be helpful to you now. By law, everyone is supposed to have liability coverage of: $25,000 per person, up to a maximum of
$50,000 per accident; and $10,000 property damage. Many people buy more than the basic coverage. It costs little more to increase these liability limits (which protects you from someone executing a
court judgment against you personally).
Also, many people buy collision and comprehensive coverages (these pay for repairing your vehicle ? which coverage applies depends on how your vehicle
was damaged), towing and rental car coverage. Ask your own insurer to process your property damage claim under your own policy. You should do this even if the other driver's insurer says it
will pay for your vehicle. This way, you can compare what each insurer offers, and pick the deal best for you. Don't worry ?- by law, your insurer cannot raise your rates if the accident was not
your fault. Also, your insurer will contact the other driver or his insurer to be reimbursed for what it pays you, and your insurer must try to collect your deductible from them for you.
Other Driver's Insurer
You will probably be contacted by an adjuster for the other driver's insurer, but if not, look at the police accident report. It will tell you what insurance he
has. Call any agent for that insurer, and ask how to contact their claims office. You can call his insurer and report the accident yourself. Be careful when you talk to the adjuster, because he/she
will take your recorded statement, and may try to get you to say things that hurt your claim. (If you were injured in the accident, do not talk to the other driver=s adjuster about the accident or
your injuries until you consult a lawyer.)
Get the estimates the adjuster says, but if you don't like where the adjuster says to go, get estimates where you like. Request the insurer
provide you with a rental car from when the accident happened through to when your vehicle is completely repaired. Don't let the adjuster ignore you or push you around. If that happens,
contact the N.M. Department of Insurance in Santa Fe, 505-827-4601 and tell them you have a complaint against an insurer.
Decreased Value Of Repaired Car
According to New Mexico law,
if the accident was the other driver's fault, his insurer must compensate you for the decreased value of your vehicle after the repair, in addition to paying for all necessary repairs. Insurers
usually refuse to pay this, but it's been the law here since at least 1909 (see DePalma v. Weinman, 15 N.M. 68, 103 P. 782). Think about it ? if you were buying a used vehicle and had a choice
between two identical cars, would you pay the same price for one you know has been wrecked, even if it has been fully repaired?
If Your Car Is Totaled
If the adjuster tells you your
vehicle is "totaled", watch out. Often, insurers use this to cheat people. They get away with it because most people don't know their rights or what to do, and they are afraid of the
insurance company. Or think they have to take whatever the company offers.
If your vehicle is four years or older, or it has a lot of damage, it may be "totaled." This does not mean
it is not repairable or even undriveable; it just means the cost of repairing may be more than its pre?accident "fair market value". If your vehicle is totaled, you almost always get less
for it than if it is repaired, so don't accept that it has been totaled unless you agree. Ask the adjuster for documentation of how they valued your vehicle, and then verify it by calling their
sources.
Get your own evidence of what your vehicle was worth by going to car lots; tell them you will be needing a new vehicle, and ask them for a written estimate of what your vehicle was
worth before the accident. If your vehicle is totaled, but you want to keep it anyway, all you get is the pre?accident value of it minus its "salvage" value, and the Title will be marked
"salvage".
|
|
|
|
|
|
|
The information contained in this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by Robert (Tito) Meyer, Personal Injury Lawyer, Las Cruces NM. All rights reserved.
|
|
Web Design & Hosting by Art Schobey Interactive - Las Cruces
|
|
|
